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PRISONS ACT

Ministry of Law and Justice

Act nº 9 of 1894


  • Chapter I
  • Chapter II
  • Chapter III
  • Chapter IV
  • Chapter V
  • Chapter VI
  • Chapter VII
  • Chapter VIII
  • Chapter IX
  • Chapter X
  • Chapter XI
  • Chapter XII
  • Schedules
  • Act nº 9 of 1894

Preamble

THE PRISONS ACT, 18941

[Act, No. 9 of 1894]

[22nd March, 1894]

PREAMBLE

An Act to amend the law relating to Prisons.

Whereas it is expedient to amend the law relating to prisons in2[India except the territories which, immediately before the 1st November, 1956, were comprised in Part BStates], and to provide rules for the regulation of such prison, it is hereby enacted as follows:--

1. Amended in its application to-

(1) the Province of Madras by-

(i) the Prisons and Indian Lunacy (Madras Amendment) Act, 1938 (Madras Act 14 of 1938).

(ii) the Prisons (Madras Amendment) Act, 1940 (Madras Act 5 of 1940).

(iii) the Prisons (Madras Amendment) Act, 1947 (Madras Act 18 of 1947); and

(iv) the Prisons (Madras Amendment) No. II Act, 1947 (Madras Act 19 of 1947).

(2) the Punjab by the Prisons (Punjab Amendment) Act, 1926 (Punjab Act, 9 of 1926).

(3) Delhi by Delhi Act 6 of 1956.

(4) Assam by Assam Act 12 of 1956.

(5) Orissa by Orissa Act 23 of 1956 and 29 of 1958.

(6) West Bengal by West Bengal Act 22 of 1957.

(7) Himachal Pradesh by Himachal Pradesh Act 10 of 1974.

(8) Kerala by Kerala Act 10 of 1976.

The Act has been extended to-

(1) NEFA by Reg. 30 of 1960, subject to certain modifications,videsec. 3 and Schedule

(2) the whole of Madhya Pradesh by Madhya Pradesh Act 40 of 1961.

(3) Goa, Daman and Diu by Reg. 11 of 1963, sec. 3 and Schedule

(4) Dadra and Nagar Haweli by Reg. 6 of 1963, sec. 2 and Schedule

(5) Lakshadweep by Reg. 8 of 1965, sec. 3 and Schedule

(6) the Union Territory of Pondicherry by Act 26 of 1968, sec. 3 and Schedule

Rep in part (in West Bengal) by West Bengal Act 7 of 1948.

Rep in its application to Bellary District by Mysore Act 14 of 1955.

2. Substituted by the Adaptation of Laws (No. 2) Order, 1956, for "Part A States and Part C States".


Chapter I

Section 1. Title, extent and commencement

(1) This Act may be called the Prisons Act, 1894.

1[(2) It extends to the whole of India except2[the territories which, immediately before the 1st November, 1956, were comprised in Part BStates];] and

(3) It shall come into force on the first day of July, 1894.

(4) Nothing in this Act shall apply to civil jails in the3[State] of Bombay4[as it existed immediately before the 1st November, 1956] outside the city of Bombay, and those jails shall continue to be administered under the provisions of sections 9 to 16 (both inclusive) of Bombay Act 2 of 18745, as amended by subsequent enactments.

1. Substituted by the A.O. 1950, for subsection (2).

2. Substituted by the Adaptation of Laws (No. 2) Order, 1956, for "Part BStates".

3. Substituted by the A.O. 1950 for "province" which was Substituted by the A.O. 1948, for "presidency".

4. Inserted by Adaptation of Laws (No. 2) Order, 1956.

5. The Civil Jails Act, 1874.


Section 2. Repeal

[Rep. by the Repealing Act, 1938 (1 of 1938), sec. 2 and Schedule].

Section 3. Definitions

In this Act--

(1) "prison" means any jail or place used permanently or temporarily under the general or special orders of a State Government for the detention of prisoners, and includes all lands and buildings appurtenant thereto, but does not include--

(a) any place for the confinement of prisoners who are exclusively in the custody of the police;

(b) any place specially appointed by the State Government under section 541 of the Code of Criminal Procedure, 1882 (10 of 1882); or

(c) any place which has been declared by the State Government by general or special order, to be a subsidiary jail;

(2) "criminal prisoner" means any prisoner duly committed to custody under the writ, warrant or order of any Court or authority exercising criminal jurisdiction, or by order of a Court-martial;

(3) "convicted criminal prisoner" means any criminal prisoner under sentence of a Court or Court-martial, and includes a person detained in prison under the provisions of Chapter VIII of the1Code of Criminal Procedure, 1882 (10 of 1882) or under the2Prisoners Act, 1871 (5 of 1871);

(4) "civil prisoner" means any prisoner who is not a criminal prisoner;

(5) "remission system" means the rules for the time being in force regulating the award of marks to, and the consequent shortening of sentences of, prisoners in jail;

(6) "history-ticket" means me ticket exhibiting such information as is required in respect of each prisoner by this Act or the

rules thereunder;

(7) "Inspector General" means the Inspector General of Prisons;

(8) "Medical Subordinate" means an Assistant Surgeon, Apothecary or qualified Hospital Assistant; and

(9) "prohibited article" means an article the introduction or removal of which into or out of a prison is prohibited by any rule under this Act.

1. The relevant provisions of the Code of Criminal Procedure, 1898 (5 of 1898) to be referred to.

2. Now the Prisoners Act, 1990 (3 of 1900).


Chapter II

Section 4. Accommodation for prisoners

The State Government shall provide, for the prisoners in the territories under such Government, accommodation in prisons constructed and regulated in such manner as to comply with the requisitions of this Act in respect of the separation of prisoners.

Section 5. Inspector General

An Inspector General shall be appointed for the territories subject to each State Government, and shall exercise, subject to the orders of the State Government, the general control and superintendence of all prisons situated in the territories under such Government.

Section 6. Officers of prisons

For every prison there shall be a Superintendent, a Medical Officer (who may also be the Superintendent), a Medical Subordinate, a Jailer and such other officers as the State Government thinks necessary:

Providedthat 1 [the 2 [State Government of Bombay]] may 3 [* * *] declare by order in writing that in any prison specified in the order the office of Jailer shall be held by the person appointed to the Superintendent.

1.Substituted by the A.O. 1937 for "the Governor of Bombay in Council".

2. Substituted by the A.O. 1950, for "Provincial Government".

3.The words "with the previous sanction of the Governor General in Council" omitted, by the A.O. 1937.


Section 7. Temporary accommodation for prisoners

Whenever it appears to the Inspector General that the number of prisoners in any prison is greater than can conveniently or safely be kept therein, and it is not convenient to transfer the excess number to some other prison,

or whenever from the outbreak of epidemic disease within any prison, or for any other reason, it is desirable to provide for the temporary shelter and safe custody of any prisoners,

provision shall be made, by such officer and in such manner as the State Government may direct, for the shelter and safe custody in temporary prisons of so many of the prisoners as cannot be conveniently or safely kept in the prison.

Chapter III

Section 8. Control and duties of officers of prisons

All officers of a prison shall obey the directions of the Superintendent; all officers subordinate to the Jailer shall perform such duties as may be imposed on them by the Jailer with the sanction of the Superintendent or be prescribed by rules under section1 [59].

1. Substituted by the A.O. 1937, for "60".


Section 9. Officers not to have business dealings with prisoners

No officer of a prison shall sell or let, nor shall any person in trust for or employed by him sell or let, or derive any benefit from selling or letting, any article to any prisoner or have any money or other business dealings, directly or indirectly, with any prisoner.

Section 10. Officers not to be interested in prison-contracts

No officer of a prison shall, nor shall any person in trust for or employed by him, have any interest, direct or indirect, in any contract for the supply of the prison; nor shall he derive any benefit, directly or indirectly, from the sale or purchase of any article on behalf of the prison or belonging to a prisoner.

Section 11. Superintendent

(1) Subject to the orders of the Inspector General, the Superintendent shall manage the prison in all matters relating to discipline, labour, expenditure, punishment and control.

(2) Subject to such general or special directions as may be given by the State Government, the Superintendent of a prison other than a central prison or a prison situated in presidency-town shall obey alt orders not inconsistent with this Act or any rule thereunder which may be given respecting the prison by the District Magistrate, and shall report to the Inspector General all such orders and the action taken thereon.